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Over-Criminalization: Cruel and Unusual

“Can I get a re-cap of the latest criminal justice news?” Yes. Yes, you can. The Supreme Court ruled last week that California’s prison population, which is at 179.6 percent of design-capacity, is so dense that it violates the Eighth Amendment prohibition of cruel and unusual punishment. “When it comes to prisons, the real problems […]

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Healthcare Litigation: What’s at Stake?

Congress’ authority to enact FDR‘s New Deal, Civil Rights legislation and environmental protections is all rooted in the Commerce Clause, a little 16-word line in the Constitution with big consequences. Not only does the Commerce Clause undergird the vast majority of federal laws, it was the Framers’ primary response to the plague of states’ rights […]

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Holder Urges Retroactivity of Fair Sentencing Act

Testifying before the U.S. Sentencing Commission this morning, Attorney General Eric Holder urged retroactive application of the Fair Sentencing Act, which reduces the sentencing disparity for crimes related to crack, versus powder, cocaine: [I]n considering retroactive application of this amendment, protecting the American people is – and will remain – the Administration’s top priority. President […]

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Stopping Abortion By Any Means Necessary

Two years ago yesterday, Dr. George Tiller was shot point-blank in his church and died instantly at the hands of a religious zealot with ties to the anti-abortion movement. “Dr. George Tiller was murdered … by an anti-abortion extremist whose goal was to make abortion less available,” noted Rachel Maddow last night. “And today, two […]

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End of the Dumb-on-Crime Consensus?

Prodded by the maxim that every challenge is an opportunity, criminal-justice reformers hoped that the recession might deliver long-sought criminal-justice reforms. As Mark Kleiman elegantly argues, there are more humane, more effective and less costly sentencing laws available, making an economic downturn seem like an ideal opportunity to improve our country’s sentencing practices. Optimistic evaluations […]

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Republicans’ Tireless War on Women

The Republican war on women is one of attrition, and women are losing. After yesterday’s overwhelming House vote restricting federal funding for abortion, there will be no policy change, fortunately. If the Senate even takes up the bill, they won’t pass it. And if they did, by some miracle, pass that bill, President Barack Obama […]

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Today in Race

Race issues are as American as apple pie. Here’s the latest. Today is the 20th anniversary of a rookie police officer shooting a Salvadorean-American man in Washington, D.C. Police say that the victim lunged at the officer with a knife. Witnesses disputed this account, with some saying he was shot while handcuffed. The shooting set […]

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Aristotle, Kant, Ashcroft

I don’t know about you, but for me, nothing screams ethics like the names of President George W. Bush‘s former attorneys general. (Cue: crickets chirping.) No? Well in that case, you may be surprised to learn that Bush’s first attorney general, John Ashcroft, is heading a new ethics committee for Xe Services, nee Blackwater. According […]

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Marijuana Flip Flop Leaves States in Lurch

More so than Barack Obama‘s presidency, Eric Holder‘s tenure as Attorney General is proving to be an unequivocal disappointment for progressives. Holder’s time in office was launched with bang. During his confirmation hearings, Holder disavowed the Bush administration’s use of torture in interrogations. He was central to the administration’s widely touted plans for closing the […]

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Bin Laden’s Dead. Now What?

Almost 10 years after the 9/11 attacks, U.S. forces succeeded in locating and killing Osama bin Laden yesterday. His body was buried at sea within hours after his death, according to U.S. officials. President Barack Obama made a rare Sunday night address from the White House’s East Room to announce that “justice has been done.” […]

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